Terms Of Service
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: 22-01-2024
Continuous transaction: a distance contract regarding a series of products and/or services, with obligations to deliver and/or receive spread over time;
Durable data carrier: any medium that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, in the context of a system organized by the entrepreneur for the remote sale of products and/or services, one or more means of remote communication are exclusively used until the conclusion of the contract;
Means of remote communication: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same space simultaneously.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Aminco
Amsterdam
Chamber of Commerce number: 92655173
VAT number: NL004821817B65
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically before the distance contract is concluded, and that they will be sent electronically or in another way free of charge at the consumer’s request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or nullified, the agreement and these terms and conditions will remain in effect for the rest, and the void or nullified provision will be replaced by a provision that closely approximates the intent of the original provision in mutual consultation.
Situations not regulated in these general terms and conditions must be assessed in the spirit of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted in the spirit of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
- the price, including taxes;
- any shipping costs;
- the method of concluding the agreement and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the used means of communication;
- whether the agreement will be archived after it is concluded and, if so, how it can be accessed by the consumer;
- the way in which the consumer can check and, if desired, correct the information provided by them in the context of the agreement before concluding the contract;
- any other languages in which the agreement can be concluded, in addition to Dutch;
- the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur will provide the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur’s business where the consumer can lodge complaints; b. the conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information on existing after-sales services and guarantees; d. the information included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the ordered products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period commences the day after the consumer or a representative designated by the consumer, who is not the carrier, receives the product.
During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine if they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The consumer must make this known via a written message/email. After the consumer has made known that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example through a proof of shipment.
If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the webshop or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for single newspapers and magazines; g. for audio and video recordings and computer software, of which the consumer has broken the seal; h. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period; b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired; c. concerning betting and lotteries.
b. where the delivery has begun with the express consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services at variable prices, provided that these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This connection to fluctuations and the fact that any listed prices are guide prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The return of products must be in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
- The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care in receiving and executing orders for products.
The delivery address is the address that the consumer has communicated to the company.
With due observance of the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur unless expressly agreed otherwise.
Article 12 – Long-term Transactions: Duration, Termination, and Renewal
Termination
The consumer can terminate an agreement that has been entered into for an indefinite period and that covers the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period not exceeding one month.
The consumer can terminate an agreement that has been entered into for a definite period and that covers the regular delivery of products (including electricity) or services, at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period not exceeding one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or in a specific period;
- at least in the same way as they were entered into by the consumer;
- always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
An agreement that has been entered into for a definite period and that covers the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that covers the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period not exceeding one month.
An agreement that has been entered into for a definite period and that covers the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period not exceeding one month, and a notice period not exceeding three months in the case of an agreement that covers the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with limited duration for the regular introduction delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness dictate otherwise before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.